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BEARD v. ACHENBACH MEMORIAL HOSPITAL ASS'N

No. 3624.

170 F.2d 859 (1948)

BEARD v. ACHENBACH MEMORIAL HOSPITAL ASS'N et al.

United States Court of Appeals Tenth Circuit.

November 12, 1948.

Attorney(s) appearing for the Case

Harry O. Glasser, of Enid, Okl. (Harry O. Janicke, of Winfield, Kan., on the brief), for appellant.

Riley W. MacGregor, of Medicine Lodge, Kan., and J. B. Patterson, of Wichita, Kan. (Paul R. Wunsch, of Kingman, Kan., A. W. Hershberger, Richard Jones, and Wm. P. Thompson, all of Wichita, Kan., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Jacob Achenbach died leaving a will which contained a provision directing the trustees of his estate to erect and equip a public hospital in the town of Hardtner, Kansas, or on a specified tract of land adjacent to the town, at a cost to the estate of not more than $125,000. The provisions permitted the trustees to secure such persons or organizations as they might deem best to manage, control, and operate the hospital. The will was admitted...

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